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Jerry A Stimmel
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Jerry Stimmel’s Answers

264 total


  • Is a CR 26(i) Conference of Counsel Required In This Case?

    I am a judgment debtor in a lawsuit, not a named party. I am representing myself in the supplemental proceedings. Is a CR 26(i) conference of counsel required prior to making a motion to compel discovery?

    Jerry’s Answer

    Once a case reaches the judgment stage, the case is over except for enforcement of the judgment (or maybe an appeal, or other post-judgment proceedings under CR 60). Discovery conferences don't matter any more. The judgment creditor wants to pry payment out of you and can examine you multiple times to find your assets. So, no, CR 26 does not apply.

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  • Order of Dismissal for Want of Prosecution

    How do i know that DWP is signed in the document and where can i see that?

    Jerry’s Answer

    Dismissal for want of prosecution can be done by the court clerk after a case sits without action for a long time. The "signature" might be merely an electronic docket entry. You don't identify the court, so it's not possible to say where to go to see the source document. In some jurisdictions court files can be viewed online (for a fee); in other jurisdictions you have to go look at the file, or hire a search company to do it for a modest fee. In Washington, the Judicial Information System (JIS) is a commonly-used data base for looking up court files; Pierce County has its own system known as LINX. Without knowing what court you have in mind, we can't be more specific.

    Reading between the lines, I will leap to the supposition that you are really asking what can be done about the dismissal. Normally a dismissal for want of prosecution is "without prejudice"; that is, it can be reversed and the case can be reinstated. However, if a statute of limitations pertaining to the case has expired, getting a dismissed case reinstated could be a problem.

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  • Can I sublet a commercial space in Seattle for more then my rent?

    I have 9 months left on a commercial lease but have moved out to another space. Am I allowed to profit off of subletting by charging more in rent then what I owe the landlord?

    Jerry’s Answer

    In theory you can charge whatever the market will bear for a sublease. Most commercial leases contain obstacles to subletting, but if you have satisfied the obstacles there is no prohibition against your making a profit from the sublease.

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  • If I have a misdemeanor warrant and a sheriff serves me paternity test papers can he arrest me for it while serving the papers?

    Warrant is for pay or appear as well as not completing 80 community service hours in leiu of ten days jail time. Mother of possible child wants paternity test to determine if I am the father. A sheriff showed up at my house yesterday while I was g...

    Jerry’s Answer

    The sheriff wasn't there to serve paternity test papers. He was there to arrest you for the warrant, and by the way, here is some paternity stuff.

    Wake up and smell the coffee.

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  • Tenant braking year lease after 2 months. I want to sell instead of re rent. Does that free tenant from lease? Can I keep dep?

    In the lease agreement it only talks about re renting or finding new renters not selling, but doing either would take the same amount of time.

    Jerry’s Answer

    As landlord, you have a legal duty to mitigate your financial loss caused by the tenant's breach of the lease. Thus, you cannot sit on the empty property and let the unpaid rent pile up for the remainder of the lease. You have to cut your losses. Re-renting or trying with reasonable diligence to re-rent is the usual way of mitigating the loss. Selling might be a sufficient substitute, but if this goes to court somehow you will have the burden of proof to show (1) that you mitigated, and (2) that the lease allowed you keep the security deposit for the tenant's breach. Your inquiry states that the lease "only talks about re renting." That description is a bit too casual for a reliable evaluation of the question. The state statute requires the lease to describe how the security deposit will be used. If you apply the deposit to a use not authorized in the lease you could be liable for a claim by the tenant (former tenant) for twice the amount, plus attorney fees if the tenant pushes it. Above all, make sure you mail to the tenant a written accounting for the security deposit, in detail, within 14 days after move-out. If you miss that deadline without good reason, you can't keep any of the deposit. You can still sue the tenant for the breach (small claims court, most likely), but you just can't keep the security deposit. In other words, you have to refund the security deposit and sue to get it back.

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  • Do I need a lawyer to expunge my felony burglary 2 charge? How do I find an affordable lawyer?

    I was charged in King County in 2006 with burglary 2. The Judge told me to come back in 5 years to get it expunged from my record. Now its been close to 10 years and I finally need to take care of this. I feel that it is very straight forward and ...

    Jerry’s Answer

    I agree with the other answers, and I think you'll end up needing a lawyer. After this answer I'm attaching some links which may assist your self-help effort. But be aware that you have to tee up your application carefully. A lawyer experienced in this area would be a worthwhile investment if you really need it done.

    As Mr. O'Rourke pointed out, the first thing which pops out from your inquiry is that the judge told you to come back in 5 years. For Burg 2, the waiting period is actually 10 years. RCW 9.94A.640. The judge might have been thinking of 5 years as the waiting period to restore firearm rights. Firearm rights can be restored without necessarily vacating the conviction, but the two procedures are not the same. If you are really asking about firearms, not expunging or vacating the conviction, then you’ll follow a different set of rules.

    Also be aware that “expungement” is a narrow term. You can get a conviction “expunged” from the Washington State Patrol (WSP) criminal history website, but the internet will continue to show the record in various ways. It is impossible to erase the record from all sources. If the court allows you to vacate the conviction after the 10-year waiting period, the statute says you will be allowed to say that you have never been convicted. But an internet search will show that you really were once convicted, and people will think you’re lying.

    I’m attaching some links:

    RCW 9.94A.640.

    State court guide.

    State court forms.

    Washington Law Help.

    WSP State Patrol site.

    Legal Voice self help.

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  • What is the likelihood that the FBI would be involved in charges?

    May be facing embezzelement charges for an amount under 10k from former employer. They threatened to report once if I did not pay. Did not report, now has given new date to pay, and saying this time they will contact police and FBI. What is the ho...

    Jerry’s Answer

    From the limited disclosures in your inquiry (and you should not disclose anything else in this public forum) I'd say FBI involvement is not likely, but local police and prosecutor involvement would be bad enough. I strongly recommend that you communicate only privately to a lawyer with whom you can have privileged attorney-client communications. Not one more word to anybody else.

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  • In Bellingham, must a landlord renting a room in her house on a verbal month- to-month agreement have cause to terminate tenancy

    in other words, can a home owner renting a room in her/his house on a verbal agreement terminate that agreement with a twenty day termination of tenancy without any stated reason?

    Jerry’s Answer

    The landlord does not need cause (except within Seattle city limits) and does not need a stated reason, but the 20-day notice has to be delivered in a nit-picky way which many amateur landlords don't follow. A link to the statute, RCW 59.12.040, follows this answer. Amateur landlords are often unpleasantly surprised by the formalities involved in conducting a casual rental business.

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  • I asked a question yesterday about closing out my husband's credit card without him knowing about it can he have me jailed?

    My husband gets out credit cards alot then does not pay them off. So I had someone call for me and close the account. Is this illegal. My husband found out about it and got very verbally abusive. I just wanted to know if I could be put in jail...

    Jerry’s Answer

    If by obtaining credit cards he exposed your household income or community property assets to financial risk, even by implication, you could have terminated the accounts yourself. Getting someone else to impersonate your husband could be a problem, but in my opinion the problem is only theoretical. I'm hedging a bit, but I would not expect any criminal prosecution to come from this. Maybe someone else on this site will have a better idea.

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  • What is the best way to facilitate the approval of a discretionary interstate parole transfer request from CO to WA?

    My boyfriend is in a halfway house in CO, having completed a prison sentence for a felony in that state. He would like to move to WA: I am here, and we have a community of friends, one of whom has offered for R to live with him. I would like to k...

    Jerry’s Answer

    Your question is well written, leading me to suppose that you may already be ahead of my own knowledge. After this answer I'm attaching links to the Interstate Commission (or, sometimes known as the Interstate Compact) on Adult Offender Supervision (ICAOS). In my past limited experience with this, I just called the people who run it and asked for hand-holding, and they took pity on me and gave me some guidance. If you study these materials as far as you can get on your own, the people will appreciate that you took the time to do the homework and they will tend to be helpful. What I don't have for you is the set of Colorado implementing regulations, only Washington. Maybe someone else on this site can give you a better answer.

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